Most personal injury cases are brought on the grounds of negligence. In other words, the person bringing the claim (known as the “plaintiff”) argues that the other person or party (the “defendant”) acted negligently or wrongfully and is therefore liable for their resulting damages. In these cases, the plaintiff has the burden of proof. This means that they are the one who must prove their case.

To prove liability in a personal injury claim, you must typically prove several important elements:

• Duty of Care: First, you must establish that the defendant owed you a “duty of care.” This simply means that they had a legal responsibility to act in a manner that did not put others at unreasonable risk of injury. For example, drivers must follow traffic laws and avoid making any dangerous maneuvers that could result in an accident. In many cases, such as this example, the duty of care is implied.
• Breach of the Duty of Care: Next, to prove the defendant’s liability, you must prove that they somehow breached the duty of care. Most often, this involves proving that the defendant acted negligently, recklessly, or wrongfully; in some cases, it may involve proving that the defendant intentionally breached the duty of care by inflicting or attempting to inflict injury on other person or party.
• Injuries and Damages: To have a case, you will also need to prove that you were, in fact, injured. Even if another person or party acts with extreme negligence, if you are not injured, you do not have a case. Typically, you must also prove that you suffered measurable damages, whether economic or non-economic in nature. Examples of common damages in personal injury cases include medical expenses, lost wages, and pain and suffering.
• Causation: Lastly, to successfully prove liability in your personal injury case, you will need to prove “causation.” This means proving that the defendant’s conduct was the proximate or direct cause of your injuries and, therefore, your damages. In other words, would you have been injured if the defendant had acted differently? If the defendant did not breach the duty of care by acting negligently or wrongfully, would you have suffered harm? If not, you likely have grounds for a case.

Because the burden of proof falls on you, the injured party, it is important that you work with an experienced personal injury lawyer who can help you build your case. At Steele Adams Hosman, we work with teams of experts—including accident reconstructionists, medical professionals, economists, and others—who help us fully investigate our clients’ claims, understand the nature of their injuries, and determine the true extent of their damages. We leave no stone unturned when it comes to pursuing maximum compensation for our clients, an approach that has helped us secure some of the highest results in Salt Lake County and the nearby areas.